An open forum provided for the legal thought, gives the Church an occasion to engage in dialogue with the world that concerns the way of implementing such universal principles as: respect for life, dignity and rights of the human being, freedom, tolerance and, in a wider social dimension – advocating the value of marriage, family, as well as solidarity with the less fortunate. The need to perpetuate this dialogue has found its actualization in a new canonic periodical Ecumeny and Law. Therein, the meeting of theologians representing various Christian churches, and more broadly, the encounter of scholars affiliated to ecumenical movement, with the representatives of legal studies – has as its aim the demonstration of full ecumenical potential of the canon law. The kernel of this dialogue is to call for human being’s subjectivity and unalienable rights, to champion justice, which – in practical terms translates into ensuring the “here-and-now” justice within the basic communities: marriages and families, and consequently – within the societies and nations of nowadays Europe.

The said perspective, universal in its humanism, is a guiding principle for the Authors of the 1st volume of the journal. Suffice it to mention just the two titles of the articles that open, respectively – Part One entitled Ecumenical Theological Thought, namely “Marriage: the Project of Culture or Faith?” by P. Bortkiewicz, and Part Two (Ecumenical Juridical Thought), that is T. Gałkowski’s “The Matrimonial Covenant as the Nature of Things…” Indeed, what testifies to the above-mentioned universalism is the entire contents of the volume 1 (supplemented with the Reviews, that is Part Three) due to the abundance of the presented ecclesiastical traditions, entailing the multitude of perspectives, standpoints and theological orientations in pondering the momentous issues of marriage (and family). As the title suggests, the articles included in the volume constitute an attempt to look at marriage through a prism provided by the category of “covenant.” Whether or not the Authors were right in taking the liberty of assuming the said notion as the paradigm of encounter of the East and West, remains for the Readers to decide.

For many years the Catholic Church has been analyzing and prognosticating the situation of marriage and family in the contemporary world. It was especially voiced in the statements of the Second Vatican Council and Blessed John Paul II. Those statements reveal light and shade of this fundamental relationship in social life. The characteristic feature of that analysis is a critical drawing of attention to the pressure the culture exerts on the way marriage and family are perceived. The culture, marked with characteristic traits of postmodernism (separation from objective truth and normativeness), is attempting to relativize the very concept of marriage as a random relationship. The expression of such an approach is the culture (ideology) of gender. The Catholic Church, in its teaching, explicitly reminds the truth about the marriage of a woman and a man, interpreted in the context of the Theology of Creation. In such a way it reveals the greatness and insufficiency of human love, juxtaposing it with God's absolute love. The invariable greatness of the marriage of a woman and a man is inscribed in the dialog with God, which defines the framework of the Christian humanism.

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Tadeusz Kałużny

Indissolubility of Marriage from Lutheran Perspective

The issue of marriage indissolubility ranks as the main one among the numerous issues included in the specifically Lutheran view of marriage. While supporting the indissolubility of marriage, the Evangelical Lutheran Church allows for a divorce and does not rule out a possibility of the divorced entering other marriages in case of an irreversible breakup of marriage. As far as understanding of the clauses is concerned, Luther and his followers accepted their literal interpretation, that is, as being exceptions to the rule of indissolubility. First and foremost, it is adultery that, being destructive for marriage, is such an exception and a reason for divorce. Luther also added other reasons justifying divorce to prove that the Church is understanding toward “human weakness”. When one is studying the issue of marriage indissolubility in the documents of the dialogue between the Roman Catholic Church and the Lutheran Church, one’s special attention is due to 1976 document of the Roman Catholic Study Commission, the Lutheran World Federation and the World Alliance of Reformed Churches titled: “Theology of Marriage and the Problem of Mixed Marriages”.

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Marek Petro

Marriage and Family under Tutelage of the Greek Catholic Church in Slovakia

Marriage and family form a part of the Divine Plan, also confirmed by the first book of the Bible, Genesis. The original sin seriously disrupted and harmed even this Divine institution of marriage and family. However, with his death on the cross and with his Resurrection, Jesus Christ redeemed them; he even elevated marriage to the level of Sacrament. In the Epistle to the Ephesians, the Apostle Paul points out the right understanding of marriage relations. Blessed John Paul II, “The New Apostle” confirms significance of marriage and family in his exhortation Familiaris Consortio. Nowadays, unfortunately, marriage and family are probably facing more attacks than any other institution. At present, the Church is trying to promote pastoral tutelage of marriage and family. Pastoračný plán Katolíckej cirkvi na Slovensku 2007-2013 (Pastoral Plan of the Catholic Church in Slovakia 2007-2013) considers family the most important area of pastoral care. Building and running of diocesan family centres is part of the plan. One of them is run by the Greek Catholic Church in Slovakia, through which this local church offers activities for the benefit of a more complete development of family.

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Pavol Dancák

Issue of Acceptance of Teachings on Marriage by Faithful of Christian Denominations in Selected Regions of Eastern Slovakia

The contribution introduces some aspects from the research on believers´acceptance of the Church teachings on marriage by religious denominations in selected regions of eastern Slovakia. It follows the first sociological research on the Catholic religiousity in Slovakia in a nationwide scope, carried out by Professor J. Matulník, while it concentrates on examining respondents´ attitudes towards cohabitation of a man and a woman, towards a divorce from sacred marriage and towards entering into mixed marriages. The mentioned issues were examined from the point of view of the young and the older people, who were divided into two age groups, up to 35 and above 35, and according to their Church affiliation.

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Józef Budniak

“Sunday belongs to the Lord and to us” – in Roman Catholic-Lutheran Families

The regulations of the Code of Canon Law of the Latin Church concerning the issue of matrimony refer to the nature of things. This wording does not determine (as far as the content is concerned) whether the norm has legal-natural character or not, merely indicating the source of origin of the binding norm. Nature can be regarded as a defining foundation which reflects the essence of the object and the substance of its meaning as the nature of things. Considering the current state of knowledge, the nature of matrimony can be defined as a covenant, which formulation is accepted by Christian Churches. The nature of covenant contains elements negatively determining the law controlling matrimony, against which the law cannot establish norms (unity and indissolubility), as well as positive elements whose range is very wide (the good of spouses and their offspring). Deliberations about the nature of things in the present state of knowability constitute (beside the biblical-theological reflections) an element of ecumenical dialogue. Only joint and correlative consideration of the determinants in reference to the nature of things is a chance to reach an agreement.

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Tomasz Gałkowski

The Matrimonial Covenant as the Nature of Things (of Marriage)

The regulations of the Code of Canon Law of the Latin Church concerning the issue of matrimony refer to the nature of things. This wording does not determine (as far as the content is concerned) whether the norm has legal-natural character or not, merely indicating the source of origin of the binding norm. Nature can be regarded as a defining foundation which reflects the essence of the object and the substance of its meaning as the nature of things. Considering the current state of knowledge, the nature of matrimony can be defined as a covenant, which formulation is accepted by Christian Churches. The nature of covenant contains elements negatively determining the law controlling matrimony, against which the law cannot establish norms (unity and indissolubility), as well as positive elements whose range is very wide (the good of spouses and their offspring). Deliberations about the nature of things in the present state of knowability constitute (beside the biblical-theological reflections) an element of ecumenical dialogue. Only joint and correlative consideration of the determinants in reference to the nature of things is a chance to reach an agreement.

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Andrzej Pastwa

Marriage covenant in Catholicdoctrine:

the Pastoral Gaudium et Spes Constitution on the Church – the Apostolic Familiaris consortio Exhortation – the Code of Canon Law – the Code of Canons of the Eastern Churches

The author, already in his title, defines the framework for the exposition of an important theological as well as legal issue: namely, that of the presence of the “marriage covenant” concept in the contemporary Catholic de matrimonio doctrine. An analysis of the most significant source “spots” (in Second Vatican Council documents and post-council magisterium) confirms an initial hypothesis claiming that the starting point for analyzing the mentioned doctrine should be the truth that the Triune God-Creator of the Institution of Marriage is the true Creator of each particular marriage. In the legal-canonical dimension this truth reached its full shape in the Code of Eastern Church Canons (1990). Here, the perfectly emphasized religious dimension of the covenant of marital love allowed the Catholic Church legislator to attain two essential prophetic-didactic purposes: firstly, it allowed him to show the Christ-Church relationship rooted in Divine Caritas as an icon of the communion –covenant of marital love (communio caritatis) put into effect in the Christian marriage; secondly, it allowed him to reveal the trinitary foundation of the Sacrament of Matrimony. From this perspective, the sacramental relationship between the man and woman reveals itself as a sign and tool of participation in the Life of the Persons of the Holy Trinity, or a relationship that in Love finds its deepest foundation.

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Nicolae V. Dură, Teodosie Petrescu

The Mixed Marriages according to the Orthodox Canonical Legislation (3rd-7th Century)

In the light of the cannonical testimonies and of the last resolutions taken by the ­Orthodox Church, we can outline the following:

1. Interconfessional and interreligious weddings are forbidden.

2. In case they are tolerated, by the enforcement of oikonomia, the wedding ceremony must be performed in the Orthodox Church by the Orthodox priest.

3. The enforcement possibilities and forms of oikonomia depend on the practical nece­ssities of every local Orthodox Church, which has the right of decision in judging every particular case.

4. The children resulting from such a marriage must be baptised and educated in the Orthodox faith.

5. According to Privilegium Paulinum (I Cor. VII, 12—16), the mixed marriage is only allowed in case it was sealed before one of the spouses having been christianised.

6. On the basis of the provision of Canons 10 of Laodicea and 23 of Saint John the Faster, the marriage of a Christian Orthodox with a person of another faith is forbidden.

7. The Canons 31 of Laodicea and 14 of the IVth ecumenical Council allow the marriage between a Christian Orthodox and a heterodox person, under the condition that the heterodox spouse solemnly vows – when contracting the marriage – that he or she will convert to Orthodoxy.

8. The Canon 72 of the Trulan Synod (691 – 692) – which homogenized the canonical practice up to that time regarding mixed marriages – strictly forbids such marriages, under the threat of excommunication. Considering them null, the same canon bestows upon the Privilegium Paulinum the power of a universally binding law, in the sense that the spouse who became Christian – after contracting the respective marriage – „should not give up his or her religion/separate from the other spouse”.

Not long ago, the Romanian Orthodox Church suggested „the establishment of a permanent Synod of the fourteen autocephalous Churches with the purpose of ensuring a better coherence of their doctrinary and discipli­nary resolutions”. Beyond doubt, such a permanent panorthodox synod could solve many of the problems that the Orthodox Church is facing at present, among which, on a top place, we shall mention the issue of mixed marriages, the definitive solving of which was postponed once with the meeting of the future Holy and Great Synod. Unfortunately, the realistic and salutary proposal of our Church was not yet put into practice and the themes of the future Holy and Great Synod will never approach and solve the multitude of problems that the Orthodoxy of our days is confronted with.

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František Čitbaj

Situation of Canonical, Mixed Catholic-Orthodox Marriages in Slovakia in the Historical and Contemporary Context

This lecture discusses about mixed marriages of Catholics and Orthodox in Slovakia. In short, it presents canonical development of these mixed marriages in different periods and recent history. It also points of actual canonical solution about situation of mixed marriages of Catholics with the Orthodox. In this area it can not be unnoticed the fact, that Catholic Church has in relation to ecumenism and also in relation to ecumenical marriage which is between Orthodox and Catholic drawn canonical system. It is legally obligatory and very open to these marriages. The Orthodox Church in Slovakia has not yet developed a coherent system for mixed marriages between Catholics and Orthodox. The position of the Orthodox Church in Slovakia is stringent and the canon law of the Orthodox Church prohibits entering into such marriages. The severity of law is mitigated by oiconomia, but this depends but on individual pastoral factors.

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Damián Němec

On the Concept of the Sacramentality of Marriage in the Czechoslovak Hussite Church

The article presents first the dramatic religious and theological evolution of the Czechoslovak Hussite Church, founded in 1920 by catholic priests. It states that the concept of the sacramentality of marriage in the above mentioned Church proceeds from the Catholic tradition of the early 20th century and it is affected by the more less protestant ecclesiology adopted by the Czechoslovak Church. Based on official documents of the Church it presents the actual exigencies for celebration of a sacramental marriage in the Church. On the other hand, it shows, that some aspects of the concept, namely the question of sacramentality of “half-Christian marriages”, the question of sacramentality of marriages closed by the civil form and the connection between sacramentality and indissolubility of marriage, especially of remarried divorced members, are not clearly elaborated and that there the common practice is ahead of theory rather often.

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Piotr Kroczek

Marriage in Catholic and Lutheran Approach
as a Paradigm for Polish Legislator

It seems that nowadays there are many threats to the marriage and the family that come also from provisions of law. Facing the situation, the Christian Churches in Poland (the Catholic Church and the Evangelical Church of the Augsburg Confession in Poland as an example) are urged to show their concern about the marriage and the family and begin an ecumenical dialog for undertaking an action to protect and promote the Christian paradigm. The action in question would promote a pattern of the marriage and the family for legislative bodies e.g., Polish parliament. There are many legal possibilities for such an action, e.g., legislative initiative.

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Leszek Adamowicz

Free State Declaration of Non-Catholic Persons

before Celebrating Canonical Marriage

The subject of analysis is the problem of declaration of unmarried non-Catholics who intend to contract a canonical marriage with the person belonging to the Catholic Church. Everyone has the right to marry. With the right to marry there is a common obligation of every person to accept the natural order that has entered in the nature of the person and the marriage. One of the elements of the natural order is a free state requirement for the contracting parties. Among the multitude of contemporary concepts only acceptable, from the point of view of the doctrine of the Catholic Church, is the affirmation of the absolute indissolubility of marriage between two baptized persons. The Church, as guardian of marriage and safeguard of the human rights, perceives and recognizes the dignity of marriage contracted by any person with respect for the natural order, regardless of time, place and circumstances of its conclusion. Confirming the validity of marriages outside the Catholic Church, while the Church can not, being faithful to Christ’s teaching on marriage, agree to the dissolution against the divine law, whether in the civil law, whether on the basis of positive law in some religious communities.

The author analyzes the free state as a condition for marriage under the divine law, placing it right on top of the marriage law system, and then discusses the principles of free state research, in particular, the parish priest’s competence (pastor) and the local ordinary, the powers of the ecclesiastical tribunal, and issues of the exclusive competence of the Holy See.